Defence and Remedies (AO1)

Question 1

What does the Law Reform (Contributory Negligence) Act 1945 provide?

Answer 1

That both the D and C are partly to blame for the injury suffered by the C

Question 2

What kind of defence is contributory negligence?

Answer 2

A partial defence and will only reduce the amount of damages owed

Question 3

What is the principle in Sayers v Harlow Urban District Council 1958?

Answer 3

The council were liable as they should’ve maintained the toilets, but the damages were reduced by 25% because the C contributed to her injury’s when she decided to escape.

Question 4

What was the principle in Jayes v IMI (Kynoch) Ltd 1985

Answer 4

The employees were liable as they should’ve made sure that the guard was in place, but the C was 100% contributory negligent as he took off the security guard

Question 5

What type of defence is Consent (volenti)?

Answer 5

A full defence

Question 6

What does volenti non fit injuria translate to ?

Answer 6

Injuries done to one who consents to the risk

Question 7

To succeed Volenti what three things must the D show?

Answer 7

1. Knowledge of precise risk involved
2. Exercise of fore choice of the C
3. Voluntary acceptance of the risk

Question 8

What is one restriction on the use of the defence consent?

Answer 8

S.149 of the Road Traffic Act 1988 - defence cannot be used for road traffic incidents

Question 9

What is the principle in Starmer v Lawson 1977?

Answer 9

Volenti failed as the C didn’t appreciate the risk involved as he hadn’t been shown how to use the bike so the C couldn’t consent.

Question 10

What was the principle in Smith v Baker 1891?

Answer 10

Volenti failed as due to the Cs job role he had no choice but to continue so he didn’t consent to the damage

Question 11

What is the principle in Haynes v Harwood 1935?

Answer 11

Volenti failed as the police officer was not acting voluntarily as he was under a duty to protect the police

Question 12

What is the principle in Montgomery v Lanarkshire Health Board 2015?

Answer 12

Here the D failed to gain consent as they did not explain all the risks to the C

Question 13

What is the principle in ICI Ltd v Shatwell 1965?

Answer 13

The C ignored all of the instructions and rules this means that he consented to the risks involved

Question 14

Is the test of volenti objective?

Answer 14

No it is subjective

Question 15

What is the definition of compensatory damages?

Answer 15

The main aim of damages is to place the claimant in the same position as if the tort had not been committed

Question 16

What is pecuniary loss?

Answer 16

Loss that can be calculated in terms of money

Question 17

What is non-pecuniary loss?

Answer 17

Loss that can’t be calculated in terms of money

Question 18

What are special damages?

Answer 18

The amount of damages/money that can be specifically calculated

Question 19

What are general damages?

Answer 19

The amount of damages/money that are awarded for non-pecuniary loss

Question 20

How are general damages awarded?

Answer 20

By looking forward after the trial date and estimating the financial award the c might need in the future

Question 21

What’s the calculation to calculate claimants loss of future earnings?

Answer 21

Next income x Years left to work = Award for loss of earnings

Question 22

What is mitigation of loss?

Answer 22

Where the C is entitled to be compensated but must keep it to a reasonable level. (Can’t ask compensation of a better phone for a broken lower model)

Question 23

What is a lump sum settlement?

Answer 23

Damages are awarded in full and claimant is supposed to invest the money

Question 24

What is a structured settlement?

Answer 24

Damage Act 1966 allows for the damages to be paid over a number of years to the claimant